June 16, 2017

Discharge Revocation Deadline is NOT Jurisdictional, Ninth Circuit Holds

Ninth Circuit is hesitant to make bankruptcy time deadlines jurisdictional.

9th Circuit

June 13, 2017

Judgment Void for Violating Discharge Doesn’t Qualify for Rooker-Feldman Protection

Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.

10th Circuit, Kansas

June 12, 2017

Circuits Split on Enjoining the IRS from Pursuing Corporate Officer to Collect Taxes

Puerto Rico judge sides with the Third Circuit by upholding the Anti-Injunction Act in bankruptcy cases.

1st Circuit, Puerto Rico

June 07, 2017

Retention of Jurisdiction by Itself Does Not Confer Subject Matter Jurisdiction, Circuit Holds

First Circuit narrowly interprets ‘arising in’ jurisdiction.

1st Circuit

May 24, 2017

Bankruptcy Judge Finds Jurisdiction over Nationwide Class Challenging Bogus Claims

Class suit in Texas attacks the filing of bogus claims.

5th Circuit, Texas, Texas Southern District

May 24, 2017

Bankruptcy Judge Finds Jurisdiction over Nationwide Class Challenging Stale Claims

Suit in Texas attacks the filing of stale claims permitted by Midland Funding.

April 27, 2017

Bankruptcy Judge Has No Power to ‘Unrefer’ a Suit to District Court

Another New York judge refuses to send a case to Delaware.

2nd Circuit, New York, New York Southern District

April 22, 2017

Enforcement of an Existing Injunction Is Not ‘Final’ and Thus Not Appealable

Tronox spans more law, this time on finality regarding injunctions.

2nd Circuit

April 19, 2017

Supreme Court to Consider Hearing Two Bankruptcy Cases on April 21

High court may decide whether the ‘safe harbor’ completely preempts state fraudulent transfer laws with regard to LBOs of bankrupt companies.

Supreme Court

April 04, 2017

Fee Application After Completion of Plan Payments Comes Too Late

Fees awarded after discharge are wiped out like everything else.

6th Circuit, Michigan, Michigan Western District